Kara Sears
Foreign humanitarian aid has been a key component of US foreign policy for decades, with its roots in the Cold War era, when the US sought to aid countries with similar ideologies to counter the Soviet Union. Post-9/11, foreign aid has been driven by security concerns, with the US government requiring regular monitoring and reporting on the effectiveness of assistance programs. While there is a perception that foreign aid constitutes a large proportion of federal spending, it is, in reality, a small fraction of the budget. The allocation of foreign aid has also been influenced by partisan politics, with notable increases during Republican administrations, such as those of Ronald Reagan and George W. Bush, who instituted popular programs like the Millennium Challenge Corporation (MCC) and the President's Emergency Plan for AIDS Relief (PEPFAR). International Humanitarian Law (IHL) is a set of rules designed to protect civilians, humanitarian workers, and medical personnel in conflict zones, with the EU being a major advocate and promoter of compliance with IHL.
| Characteristics | Values |
|---|---|
| Purpose | To limit the effects of armed conflict and protect civilians, humanitarian and medical workers |
| Basis | 1949 Fourth Geneva Convention and the 1977 and 2005 Additional Protocols |
| Compliance | The EU has always been firmly committed to promoting compliance with IHL |
| Advocacy | The European Commission promotes global compliance with IHL and humanitarian principles through multilateral forums, dedicated public events, and dialogue with donors and partners |
| Funding | The EU funds activities aimed at increasing the capacities of humanitarian workers in advocating for IHL |
| Education | The EU funds partners to disseminate IHL knowledge in conflict-affected countries |
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What You'll Learn
International Humanitarian Law (IHL)
The European Commission, through its Civil Protection and Humanitarian Aid Operations department (ECHO), actively promotes global compliance with IHL and humanitarian principles. The EU, as one of the world's largest humanitarian donors, has consistently supported the compliance with and application of IHL. All EU countries have ratified the 4 Geneva Conventions and their Additional Protocols. In 2005, the EU became the only regional organisation to adopt guidelines on promoting compliance with IHL, which were updated in 2009. The EU has since published annual reports on the implementation of these guidelines, showcasing the wide range of measures it undertakes to support IHL.
To promote compliance with IHL, the European Commission employs various strategies. These include advocacy in multilateral forums, dedicated public events, and dialogue with other donors and partner organisations. Additionally, the Commission advocates for compliance in specific armed conflicts and engages in thematic advocacy linked to IHL, such as protecting children in armed conflict, safeguarding education facilities, and protecting humanitarian and medical workers. The Commission also provides funding to partners to disseminate knowledge about IHL and advocate for its compliance in conflict-affected countries.
While the EU has demonstrated a strong commitment to promoting and upholding IHL, violations continue to occur. As a result, the protection of civilians, humanitarian workers, and medical personnel in armed conflict remains a challenging endeavour that requires ongoing efforts and advocacy from the international community.
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Protecting civilians in conflict
International Humanitarian Law (IHL) is a set of laws based on the 1949 Fourth Geneva Convention on protecting civilians in conflict and the 1977 and 2005 Additional Protocols. The Geneva Conventions and their Additional Protocols form the core of IHL and specifically protect people who are not participating in hostilities, such as civilians, medical and aid workers, and those who are no longer fighting, including wounded, sick, and shipwrecked soldiers, as well as prisoners of war.
IHL recognises the right of the civilian population of a state affected by armed conflict to receive humanitarian assistance. This assistance often takes the form of food, medicines, medical equipment, and other vital supplies. While IHL offers protection to civilians in both international and non-international armed conflicts, the rules regulating humanitarian assistance during non-international armed conflicts are less developed. For example, Article 18(2) of Protocol II provides for relief actions for the civilian population, but these are contingent on the consent of the concerned High Contracting Party.
The European Commission, through its Civil Protection and Humanitarian Aid Operations department (ECHO), promotes global compliance with IHL and humanitarian principles. This includes strategic engagement with armed groups and de facto authorities to protect civilian infrastructure and humanitarian access in regions like the Middle East and North Africa. The EU has also launched a 3-year pilot partnership with the International Committee of the Red Cross (ICRC) to prevent IHL violations. The ICRC has a specific mandate to act in armed conflicts, offering impartial and neutral humanitarian services.
Despite these efforts, international laws protecting civilians in armed conflict are not always upheld. For instance, buildings belonging to relief organisations are attacked, hospitals and schools are targeted, and staff are kidnapped or murdered. These actions prevent civilians from receiving much-needed assistance and endanger the security of humanitarian workers. Ensuring the safety of aid workers and civilians' access to humanitarian aid is crucial, and all perpetrators of violence against them should be brought to justice.
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Protecting humanitarian and medical workers
International Humanitarian Law (IHL) provides a set of rules designed to protect civilians, humanitarian, and medical workers during armed conflicts worldwide. The Geneva Conventions of 1949 and their Additional Protocols form the basis of IHL, along with several United Nations Security Council (UNSC) resolutions specifically addressing the protection of humanitarian and health personnel. The EU has shown its commitment to promoting compliance with IHL, with all 27 member countries ratifying the Geneva Conventions and their Additional Protocols.
Despite these legal protections, violations of IHL have significantly increased in recent years, endangering the security of humanitarian and medical workers. Buildings belonging to relief organizations have been attacked, vehicles and convoys hijacked, and staff murdered or kidnapped. These acts of violence not only affect civilians but also hinder the delivery of life-saving assistance to those who need it most.
To address these challenges, the EU launched a 3-year pilot partnership with the International Committee of the Red Cross in 2022 to prevent IHL violations. The humanitarian community has also led advocacy campaigns, such as the #NotATarget campaign, and encouraged States to take leadership in protecting humanitarian and medical workers. Additionally, adapting security risk management practices, enhancing data collection, information sharing, and analysis systems, and addressing the politicization of aid are crucial steps to improve the protection of humanitarian and medical workers.
The protection of humanitarian and medical workers is a priority, and ongoing efforts are necessary to ensure their safety and security while delivering vital aid and healthcare services in risky and remote areas.
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Promoting compliance with IHL
International humanitarian law (IHL) is a set of rules that seek to limit the effects of armed conflict by protecting civilians, humanitarian workers, and medical workers. It also regulates the means and methods of warfare. The rules are based on the 1949 Fourth Geneva Convention on protecting civilians in conflict and the 1977 and 2005 Additional Protocols.
Despite IHL being widely accepted as international customary law, violations have significantly increased in the past 10 years, with buildings belonging to relief organisations being attacked, vehicles and convoys hijacked, hospitals and schools targeted, and staff murdered or kidnapped. The European Union (EU) has expressed serious concern about the growing number of deliberate violations of IHL and remains committed to promoting respect for IHL.
In 2005, the EU Council adopted the European Union Guidelines on promoting compliance with international humanitarian law ('the Guidelines'), which were updated in 2009. The EU has also issued reports on the implementation of these guidelines, with the most recent one covering the period from January 2020 to December 2020. These guidelines provide a practical sign of the EU's commitment to international humanitarian law.
The EU's commitment to promoting IHL is also reflected in its Global Strategy of 2016 and other policy areas such as human rights, common foreign and security policy (including common security and defence policy), development cooperation, and humanitarian aid. The EU's Civil Protection and Humanitarian Aid Operations department (ECHO) promotes global compliance with IHL and humanitarian principles through advocacy in multilateral forums, public events, and dialogue with partner organisations.
Additionally, the United States has also demonstrated a deep commitment to promoting the norms of IHL. This includes investing heavily in compliance and training its military forces in IHL and human rights law, as well as supporting training and compliance initiatives with the armed forces of other nations through various assistance programs. The US views compliance with IHL as a facet of its stabilization goal, recognising its importance in promoting stability and preventing atrocities.
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Funding partners to disseminate IHL knowledge
International humanitarian law (IHL) is a set of rules that seek to limit the effects of armed conflict. It lays out the responsibilities of states and non-state armed groups during an armed conflict, protecting civilians, humanitarian workers, and medical workers. IHL is based on the 1949 Fourth Geneva Convention on protecting civilians in conflict and the 1977 and 2005 Additional Protocols. While many parts of IHL are now accepted as international customary law, it is still frequently violated by warring parties.
The International Committee of the Red Cross (ICRC) has the mandate to work for the faithful application of IHL, the understanding and dissemination of knowledge of IHL, and to prepare any development of IHL. The ICRC has launched initiatives to strengthen IHL, such as the Global Initiative on International Humanitarian Law, which was launched in 2024 by Brazil, China, France, Jordan, Kazakhstan, and South Africa, together with the ICRC. The overall goal of this initiative is to make IHL a political priority, to re-centre the debate about armed conflicts on the urgent need for higher expectations of the international community, and to start a process to discuss challenges on specific IHL topics.
The ICRC will organize consultations with the support of states and other partners, providing legal and technical expertise. National Societies also have an important role to play in disseminating IHL and working with their governments to ensure its respect. Humanitarian organizations and NGOs as partners of clinics benefit from first-class training provided by and guided by experts, which they would otherwise have to pay for.
As one of the world's largest humanitarian donors, the EU has always been firmly committed to promoting compliance with IHL. All EU countries have ratified the 4 Geneva Conventions and their Additional Protocols, and the EU is the only regional organization to adopt guidelines on promoting compliance with IHL. In March 2021, the Commission adopted a Communication on the EU's humanitarian action, stressing the importance of consistently putting the promotion and application of IHL at the heart of its external action.
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Frequently asked questions
International Humanitarian Law (IHL) is a set of rules that seek to limit the effects of armed conflict. It lays out the responsibilities of states and non-state armed groups during an armed conflict. It is based on the 1949 Fourth Geneva Convention on protecting civilians in conflict and the 1977 and 2005 Additional Protocols.
Most humanitarian action takes place in areas of armed conflict, and violations of IHL greatly hinder the ability of humanitarian organizations to meet the needs of those affected. There is hard evidence that development and humanitarian programs produce considerable results.
The European Commission, through its Civil Protection and Humanitarian Aid Operations department (ECHO), promotes global compliance with IHL and humanitarian principles. The EU launched a 3-year pilot programmatic partnership with the International Committee of the Red Cross on preventing IHL violations. The US has also provided foreign humanitarian aid, with programs such as the Millennium Challenge Corporation (MCC) and the President’s Emergency Plan for AIDS Relief (PEPFAR).
